Petitioner Type: State
Impact Date: 08/11/2004
Filed Date: 08/11/2005
Most Recent Update: 09/20/2005
Determination Date: 09/20/2005
Expiration Date: 09/20/2007
Employment and Training Administration
TA-W-57,727
OLD MOTHER HUBBARD INC.
DISTRIBUTION CENTER
AYER, MASSACHUSETTS
TA-W-55,727A
OLD MOTHER HUBBARD INC.
DISTRIBUTION CENTER
CHELMSFORD, MASSACHUSETTS
Certification Regarding Eligibility
To Apply For Worker Adjustment Assistance and
Negative Determination Regarding Eligibility To Apply For
Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 2273), the Department of Labor herein presents the
results of its investigation regarding certification of eligibility
to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for Trade Adjustment
Assistance, the group eligibility requirements in either paragraph
(a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act must be met.
It is determined in this case that the requirements of (a)(2)(B) of
Section 222 have been met.
The investigation was initiated on August 11, 2005, in
response to a petition filed by a State agency representative on
behalf of workers of Old Mother Hubbard Inc., Distribution Center,
Ayer, Massachusetts (TA-W-57,727) and Old Mother Hubbard Inc.,
Distribution Center, Chelmsford, Massachusetts (TA-W-57,727A). The
workers are engaged in shipping and receiving activities related to
the production of pet food and pet treats produced by Old Mother
Hubbard Inc.
Employment at Old Mother Hubbard Inc., Distribution Centers in
Ayer, Massachusetts (TA-W-57,727) and Chemlsford, Massachusetts
(TA-W-57,727A), declined in January through August 2005 when
compared to the same period of the 2004.
The worker separations at the subject firm facilities are
attributable to the firm’s shift in production of pet food and pet
treats to a country (Canada) party to a free trade agreement with
the United States.
In addition, in accordance with Section 246 the Trade Act of
1974 (26 USC 2813), as amended, the Department of Labor herein
presents the results of its investigation regarding certification
of eligibility to apply for alternative trade adjustment assistance
(ATAA) for older workers.
The group eligibility criteria for the ATAA program that the
Department must consider under Section 246 of the Trade Act are:
1. Whether a significant number of workers in the workers'
firm are 50 years of age or older.
2. Whether the workers in the workers' firm possess skills
that are not easily transferable.
3. The competitive conditions within the workers' industry
(i.e., conditions within the industry are adverse).
The Department has determined that criterion 1 has not
been met.
The investigation revealed that a significant number of
workers at each facility are not 50 years of age or older.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude that there was a shift in production from
the workers’ firm or subdivision to Canada of articles that are
like or directly competitive with those produced by that firm or
subdivision. In accordance with the provisions of the Act, I make
the following certification:
"All workers of Old Mother Hubbard Inc., Distribution Center,
Ayer, Massachusetts (TA-W-57,727) and Old Mother Hubbard Inc.,
Distribution Center, Chelmsford, Massachusetts (TA-W-57,727A),
who became totally or partially separated from employment on
or after August 11, 2004, through two years from the date of
certification are eligible to apply for adjustment assistance
under Section 223 of the Trade Act of 1974.”
and;
I further determine that all workers of Old Mother Hubbard
Inc., Distribution Center, Ayer, Massachusetts (TA-W-57,727), and
Old Mother Hubbard Inc., Distribution Center Chelmsford,
Massachusetts (TA-W-57,727A), are denied eligibility to apply for
alternative trade adjustment assistance under Section 246 of the
Trade Act of 1974.
Signed in Washington, D.C., this 20th day of September 2005
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance